Terms & Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Last Updated: 11 August 2017

• KEY TERMS

1. MHE owns and operates the website www.myhomeevent.com (the “Site” – see definitions below).

1. The Site is an online platform for Clients to view Listings of third-party independent catering contractors (the “Contractors”) and complete booking requests for catering services offered by the Contractors on their Listings (the “Services”) on the Site.

1. You acknowledge and agree that, by accessing or using the Site, you are indicating that you have read, and that you understand and agree to be bound by these Conditions.  These conditions constitute a legally binding agreement between you, the User, and MHE (the “Contract”).

1. If you accept or agree to these Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

• Definitions

• ACCEPTANCE OF CONDITIONS

1. These Conditions apply to any use of the Site whatsoever.  By using the Site, Users accept these Conditions in full, even if a User does not create a User Account.

1. No access to the Services will be permitted unless the Conditions are accepted in full.  No User is entitled to accept part only of the Conditions.  All Users accept that their personal data may be processed in accordance with the Privacy Policy.

1. In the event that any User fails to comply with any of the Conditions, MHE reserves the right to withdraw the User Account in question and/or block, suspend or withdraw that User’s access to the Site without notice.

1. An agreement for the provision of Services is between a Client and a Contractor (the “CAC Agreement”) only.  MHE is not a party to such an agreement between a Client and a Contractor.       

1. VARIATION OF THE CONDITIONS, THE SITE AND SERVICE
   1. MHE reserves the right to modify the Conditions at any time.  In addition, MHE may vary or amend the Services provided through the Site, the Site functionality and/or the “look and feel” of the Site at any time without notice and without liability to Users.

1. Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site.

1. Users will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions.  Changes will not apply to any bookings which have been made prior to the publication of the varied Conditions.

1. MHE shall use its reasonable endeavours to ensure the Site is available 24 hours a day, but occasionally access to the Site may be restricted to allow for repairs, maintenance or the introduction of new facilities or services or not available for a reason beyond MHE’s control.

1. MHE does not accept any liability for any errors or omissions on the Site or for results obtained from the use of incorrect information on the Site or for any technical problems Users may experience with the Site.  If a User detects a fault or error please contact us and MHE will endeavour to correct the fault or error as quickly as MHE can.

• HOW THE SITE WORKS AND ACCOUNT REGISTRATION

1. The Site can be used to facilitate the listing and booking of Services. Such Services are included in Listings on the Site by Contractors.  You may view Listings as an unregistered visitor to the Site; however, in order to access certain features of the Site and Application, and to book Services or create a Listing, you must register to create an account (“User Account“). You may register to join the Services directly via the Site or Application or as described in this section.  

1. A User wishing to set up a User Account will be required to provide the information specified on the Site and which may include his/her first name, last name, date of birth, age, title, valid telephone number and email address.

1. Your User Account and your User Account profile page will be created for your use of the Site based upon the personal information you provide to us.  You may not have more than one (1) active User Account.  You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MHE reserves the right to suspend or terminate your User Account and your access to the Site if you create more than one (1) User Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Conditions.

1. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

1. Use of the Site is limited to those over the age of 18 at the time of registration.

1. MHE will not be liable to any User in the event that any information provided by another User is incomplete, inaccurate, misleading or fraudulent.

1. Users are limited to one User Account per User but may create more than one Listing.  No User Account may be created on behalf of or in order to impersonate another person.

1. Any breach of these Conditions will give rise to immediate suspension of a User’s User Account and the User may be restricted from accessing the Site.

1. By accepting the Conditions, each User or person who wishes to register as a User agrees that MHE may collect, hold and process identity information and/or documentation belonging to him/her including but not limited to a passport, driving licence or government ID for the purpose of verifying the identity of the User or person in question.  

• STATUS OF MHE

1. MHE is not an employer of any Contractor.  

1. The Site provides a communication platform for Clients and Contractors to transact with one another and arrange for bookings of Services directly with each other in a private capacity.  MHE does not control the content contained in any Listings or the condition, legality or suitability of any Contractor for any Event.  MHE will not interfere with Services booked by Clients and the agreement for Services is between the Client and the Contractor solely.  MHE is not a party to any CAC Agreement nor is MHE liable in respect of any matter arising which relates to such CAC Agreement.  

1. ACCORDINGLY, ANY BOOKING WILL BE MADE OR ACCEPTED AT THE USER’S OWN RISK.

• CONTRACTOR AND SERVICES LISTINGS

1. As a Contractor, you may create and have more than one Listing. To create a Listing, you will be asked a variety of questions about the Services to be listed, including the type of Services offered, your availability to perform the Services and pricing.  

1. Contractors will be charged a Subscription Fee which must be paid at the time of registration.

1. Listings will be made publicly available via the Site.  You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Client and Contractor preferences, ratings and/or date the Listing was added to the Site.

1. Other Users will be able to book your Services via the Site based upon the information provided in your Listing and Clients’ search parameters and preferences. You understand and agree that once a Client requests a Booking of your Services, you may not request the Client to pay a higher price than in the Booking request.

1. You acknowledge and agree that you alone are responsible for any and all Listings and content you post.  Accordingly, you represent and warrant that any Listing you post and acceptance of any Booking of Services (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations that may apply, and (b) not conflict with the rights of third parties.  Please note that MHE assumes no responsibility for a Client’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.

1. MHE reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that MHE, in its sole discretion, considers to be objectionable for any reason, in violation of these Conditions or otherwise harmful to MHE or the Site.

1. If you are a Contractor, you understand and agree that MHE does not act as an insurer or as your contracting agent.  If a Client requests a Booking of your Services, any CAC Agreement you enter into with such Client is between you and the Client solely.

1. MHE recommends that Clients obtain appropriate insurance for their Events (e.g. house insurance). Please review any insurance policy that you may have, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Contractors while at your Event.  

• NO ENDORSEMENT

1. MHE does not endorse any User or Listing.

1. Users are required by these Conditions to provide accurate information.  Although MHE may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and/or other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users and/or screen User information against third party databases or other sources, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background.

1. Any references in the Site to a User being “verified” or “connected” (or similar language) only indicate that the User has completed a relevant verification or identification process, and does not represent anything else.  Any such description is not an endorsement, certification or guarantee by MHE about any User, including of the User’s identity and whether the User is trustworthy, safe or suitable.  Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site.  We therefore recommend that you always exercise due diligence and care when deciding whether to book a Contractor for an event or to accept a Booking request from a Client, or to have any other interaction with any other User.  

1. MHE is not liable for any damage or harm resulting from your interactions with other Users.

1. By using the Site, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm.  You agree not to attempt to impose liability on or seek any legal remedy from MHE with respect to such actions or omissions.  Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any Bookings or Listings made by you.  This limitation shall not apply to any claim by a Contractor against MHE regarding the remittance of payments received from a Client by MHE, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

• BOOKINGS AND FINANCIAL CONDITIONS

1. Bookings can be made up to 6 months before and will be accepted up to 48 hours in advance of the proposed date of an Event.  MHE reserves the right to alter or amend these Conditions, in any manner and in any time as MHE sees fit.

1. Bookings and Financial Conditions for Contractors
   1. If you are a Contractor and a Booking is requested for your Services via the Site, MHE will send you a Communication confirming such Booking (the “Booking Confirmation”).  You will be deemed to have automatically accepted the Booking unless you reject the booking within the Booking Confirmation Period.  When a Booking is requested we will share with you all the information provided by the Client at the time of requesting the Booking.  If you decide to reject a Booking request within the Booking Confirmation Period, any amounts collected by MHE (via PayPal) for the requested Booking will be refunded to the applicable Client.  

1. Contractors, not MHE, are solely responsible for honouring any confirmed Bookings and making available any Services booked via the Site.  If you, as a Contractor, enter into a transaction with a Client for the booking of Services using the Site, you agree and understand that in doing so you are entering into a CAC Agreement with the Client and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Client.

1. The Event Fees will be paid by Clients to the MHE PayPal account at the time of the Booking request and will initiate payment of the Event Fees (less any commission due to MHE) to the Contractor at the time and as further described in Clause 9.5 below.

1. Each Contractor agrees that MHE may, in accordance with the cancellation policy, (i) permit the Client to cancel the Booking and (ii) refund (via MHE’s PayPal account) to the Client that portion of the Event Fees specified in the cancellation policy (see Clause 9.6 below).

1. It is the responsibility of the Contractor to liaise with the Client (and the Client to liaise with the Contractor) regarding the Services booked for the Event once a Booking has been confirmed and MHE has no role or obligations in this regard as any such matters fall within the scope of the CAC Agreement.

1. Bookings and Financial Conditions for Clients
   1. The Contractors, not MHE, are solely responsible for honouring any confirmed Bookings and making available any Services booked via the Site.  If you, as a Client, choose to enter into a transaction with a Contractor for the booking of Services using the Site, you agree and understand that in doing so you are entering into a CAC Agreement with the Contractor and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Contractor.

1. You acknowledge and agree that you, and not MHE, will be responsible for performing the obligations of any such CAC Agreements, that MHE is not a party to such CAC Agreements, and that, with the exception of MHE Payments’ obligations pursuant to the Payments Conditions (see Clause 9.5 below), MHE disclaims all liability arising from or related to any such CAC Agreements.

1. The Event Fees payable will be displayed to a Client on the Site before the Client sends a Booking request to a Contractor.  The Client must pay the Event Fees in full to MHE’s PayPal account at the time of making the Booking request.  As noted above, if the Contractor has not rejected the Booking request within the Booking Confirmation Period the requested Booking will be automatically accepted.  If a requested Booking is rejected by the applicable Contractor during the Booking Confirmation Period or is subsequently cancelled by the Client or the Contractor, any amounts held by MHE in its PayPal account will be refunded to the applicable Client, in accordance with the MHE cancellation policy as set out at Clause 9.6 of these Conditions.

1. You as a Client agree to pay the Event Fees for any Booking requested.  

1. Once you have paid the Event Fees you will receive a Booking Confirmation.  If a Contractor rejects the Booking within the Booking Confirmation Period, you will receive a notification confirming that the Booking has been rejected by the Contractor. Event Fees will be reimbursed to the account/card details used by the Client at the time of making the Booking.  

1. It is the responsibility of the Client to liaise with the Contractor (and the Contractor to liaise with the Client) regarding the Services booked for the Event once a Booking has been confirmed and MHE has no role or obligations in this regard.

1. Event Fees, Commission and Contractor Fees
   1. In consideration for the use of MHE’s online marketplace and platform, MHE charges a Commission.  The Commission is deducted from the Event Fees held in the MHE PayPal account before remitting the balance to the Contractor as described in the Payments Conditions.

1. Applicable Event Fees are included as part of the Contractor’s hourly rate and as set out on the Contractor’s Listing.  

1. Payment Conditions
   1. Contractor Fees will be forwarded to the Contractor 24 hours after the scheduled date and time of an Event less any Commission payable to MHE save in circumstances where a Client has indicated to MHE that the Client wishes to dispute the Contractor Fees with the Contractor concerned.  In such circumstances, the Contractor Fees will be dealt with in accordance with the Disputes section below.

1. Cancellations, Amendments and Refunds
   1. If, as a Client, you wish to cancel a confirmed Booking made via the Site, the following rules apply:

1. Cancellations made 21 or more days prior to the start of an Event will be accepted however only 80% of the fee will be refunded to the Client.
2. Cancellations made 14 or more days prior to an Event will be accepted however only 50% will be refunded back to the Client.
3. Cancellations made less than 14 days prior to an Event will be accepted however only 30% will be refunded back to the Client.
4. Cancellations made 72 hours or less than 3 calendar days prior to an Event will be accepted but no refund will be given.

1. Cancellations will only be accepted via e-mail to [email protected].

1. Cancellation Revenue will be split between MHE and the Contractor on the basis of 40/60 with the largest portion allocated to the Contractor.

1. If a Contractor cancels a confirmed Booking made via the Site, (i) MHE Payments will refund the relevant Contractor Fees for such Booking to the applicable Client pursuant to the Payment Conditions and (ii) the Client will receive a Communication from MHE containing alternative Listings.  If the Client requests a Booking from one of the alternative Listings and the Contractor associated with such alternative Listing confirms the Client’s requested Booking, then the Client agrees to pay MHE the Event Fees relating to the confirmed Booking for the Services in the alternative Listing, in accordance with these Conditions.

1. If a Contractor cancels a confirmed Booking and you, as a Client, have not received a Communication from MHE, please contact MHE.

1. If, as a Contractor, you cancel a confirmed Booking, you agree that MHE may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, (iii) imposing a Cancellation Fee, or iv) removing your Listing from the Site.  You will be notified of the situations in which a Cancellation Fee applies before you decide to cancel.

1. The Client and Contractor acknowledge that the continuation of an Event is subject to and dependent on the continuation of the agreement entered into between the Contractor and the Client.  If that agreement is terminated for any reason, the Event shall cease with immediate effect without liability to MHE.

1. Subject always to the availability of the Contractor, as detailed on the Site, amendments (change of date or service) can be made by a Client 10 days or more prior to the Event without any charge (but thereafter amendments to the Booking will not be possible).

1. Requests for amendments can only be made via e-mail to [email protected]

1. Disputes
   1. If a Client is unhappy with the Services provided by a Contractor the Client must notify MHE within 2 weeks of the Event that they wish to raise a dispute with the Contractor and asking that the Contractor Fees are withheld.  Once notified, MHE will advise the Contractor of the dispute and will allow the parties 2 weeks to resolve the dispute between them (the “Dispute Period”).

1. In the event of a dispute notified to MHE in accordance with 9.7.1 above, MHE will not release any Contractor Fees to the Contractor until notified in writing by both the Contractor and Client that the Contractor Fees may be released in whole or in part to the Contractor.  Similarly, if the Contractor and Client agree that the Client should receive a refund either in whole or in part of the Contractor Fees, MHE must be advised of this in writing, by both parties.

1. MHE may, at its absolute discretion and with no acceptance of liability in this regard, endeavour to assist Contractors and Clients in addressing disputes, where these have been properly notified to MHE as set out above, but will have no power to adjudicate on or determine a dispute in either party’s favour.  

1. If at the end of the Dispute Period, the parties have been unable to resolve the dispute, MHE will return the Contractor Fees to the Client and the Contractor and Client will have to take their own steps to resolve the dispute.

1. For the avoidance of doubt, MHE accepts no liability in respect of any dispute between a Client and a Contractor in relation to a Contractor’s performance of Services.

• STATUS AND TAXES

1. Each Contactor is an independent contractor and not an employee of MHE.

1. A Contractor shall be wholly responsible for making appropriate income tax and/or social security payments and/or other deductions which may be payable out of, or as a result of the receipt of, any fees or other monies paid or payable by MHE to a Contractor under these Conditions.  In the event that MHE is held liable for any such taxes or other payments, then it will be entitled to withhold such amount from any sums remaining to be paid to the Contractor in question.

1. The Contractor agrees to indemnify MHE on a continuing basis against any costs claims or expenses arising from any income tax or social security contributions relating to any Event or Services performed by the Contractor (including any related interest, penalties or costs) which may at any time be levied, demanded or assessed on MHE by any department of the States of Jersey or by any other competent authority in Jersey and/or any other jurisdiction.

• DAMAGE TO PROPERTY

1. MHE will not be liable for any of the acts or omissions of the Contractor and the Contractor will indemnify MHE on a continuing basis against all liabilities resulting or arising at any time from any such acts or omissions (including losses or expenses resulting from personal injury or property damage).

• USER CONDUCT

1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site.  In connection with your use of the Site, you may not and you agree that you will not:

1. violate any law or regulation, or any order of a court;

1. offer, as a Contractor, any Services that you are unable to provide;

1. register for more than one User Account or register for a User Account on behalf of an individual other than yourself;

1. use the Site to find a Contractor or Client and then complete a Booking of any Services independent of the Site, in order to circumvent the obligation to pay any Commission Fees to MHE or for any other reason(s);

1. accept or make a payment for Services outside the Site and if you do so, you acknowledge and agree that you: (i) would be in breach of these Conditions; (ii) accept all risks and responsibility for such payment, and (iii) hold MHE harmless from any liability for such payment;

1. contact another User for any purpose other than asking a question related to a Booking, Services, Listing, or the User’s use of the Site;

1. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

1. “stalk” or harass any other User, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a Client or Contractor;

1. as a Contractor, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honour;

1. engage in disruptive, circumventive, abusive or harassing behaviour towards MHE or any other User;

1. post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

1. use, display, mirror or frame the Site, or any individual element within the Site, MHE’s name, any MHE trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, without MHE’s express written consent;

1. access or use the Site to use, expose, or allow to be used or exposed, any MHE Content: (i) that is not publicly displayed by MHE in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the MHE Privacy Policy or Conditions; or (iii) in any way that otherwise violates the privacy rights or any other rights of MHE’s Users or any other third party;

1. use the Site for any commercial or other purposes that are not expressly permitted by these Conditions or in a manner that falsely implies MHE endorsement, partnership or otherwise misleads others as to your affiliation with MHE;

1. dilute, tarnish or otherwise harm the MHE brand in any way, including through unauthorised use of collective content, registering and/or using MHE or derivative Conditions in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MHE domains, trademarks, taglines, promotional campaigns or collective content

1. copy, store or otherwise access or use any information contained on the Site, for purposes not expressly permitted by these Conditions;

1. infringe the rights of MHE or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

1. use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;

1. interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or intellectual property spoofing, forged routing or electronic mail address information or similar methods or technology;

1. use the Site to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

1. use the Site in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

1. access, tamper with, or use non-public areas of the Site, MHE’s computer systems, or the technical delivery systems of MHE’s providers;

1. attempt to probe, scan, or test the vulnerability of any MHE system or network or breach any security or authentication measures;

1. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MHE or any of MHE’s providers or any other third party (including another user) to protect the Site;

1. forge any TCP/IP (Transmission Control Protocol/Internet Protocol) packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;

1. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;

1. advocate, encourage, or assist any third party in doing any of the foregoing;

1. violate these Conditions or any other MHE policies such as may be in force from time-to-time.

1. MHE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Conditions, MHE may take a range of actions against you, including but not limited to removing or disabling access to any or all of your User Content or deactivating or cancelling your Listing(s) or User Account, for a violation of this Section or these Conditions.

1. MHE may access, preserve and disclose any of your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against MHE or to comply with legal process, (ii) enforce or administer our agreements with Users, such as these Conditions, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of MHE, its users, or members of the public. You acknowledge that MHE has no obligation to monitor your access to or use of the Site, or to review, remove, disable access to or edit any User Content, but has the right to do so for the purpose of operating and improving the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Conditions, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Conditions. MHE reserves the right, at any time and without prior notice, to remove or disable access to any content that MHE, at its sole discretion, considers to be objectionable for any reason, in violation of these Conditions or otherwise harmful to the Site.

• PRIVACY AND DATA PROTECTION

1. You agree that MHE’s Privacy Policy (as may be updated from time to time) governs MHE’s collection and use of your personal information.

1. For the purposes of the applicable data protection legislation of the island of Jersey, You consent to the holding, processing and accessing of personal data provided to MHE for all purposes relating to the performance of these Conditions including but not limited to transferring such personal data and sensitive personal data to a country or territory outside the European Economic Area.  

1. In this context “processing” includes but is not limited to the publication of applicable personal data by MHE on the Site and the provision of applicable personal data by MHE to relevant Contractors and Clients.  For more information please see MHE’s Privacy Policy.

• INTELLECTUAL PROPERTY AND MHE CONTENT

1. The format and content of the Site is protected by Jersey copyright law and MHE reserves all of its rights in relation to its copyright whether owned by or licensed to MHE.

1. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of MHE.  No party is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of MHE.  In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Site is strictly prohibited.

• USER CONTENT

1. By displaying content on the Site, Users expressly grant a licence to MHE to display the content and to use it for any of MHE’s other business purposes.

1. Users of the Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to MHE’s policy and MHE does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify MHE in relation to any liability it may suffer as a result of any such content.  

• LINKS AND ADVERTISING

1. The Site may contain links to third-party websites or resources. You acknowledge and agree that MHE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MHE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

• TERM AND TERMINATION, SUSPENSION AND OTHER MEASURES

1. Term
   1. These Conditions shall be effective for a 365-day term, at the end of which it will expire (the “Expiration Date”).  

1. Contractors who have registered with MHE will be notified by email one month prior to the Expiration Date and will be asked to reconfirm their agreement to these Conditions (the “Renewal”).

1. At the time a Contractor submits a Renewal that Contractor must pay a further Subscription Fee to cover the next 365-day term for each Listing and any Listing(s) will be suspended pending payment thereof.  

1. Termination for convenience
   1. You may terminate these Conditions on 30 days’ notice by sending us an email to [email protected].  If you cancel your User Account as a Contractor, any confirmed Bookings must be honoured.  If you cancel your User Account as a Client, any confirmed Booking will be automatically cancelled and any refund will depend upon the Conditions of the applicable cancellation policy (as set out at Clause 9.6).

1. Without limiting our rights specified below, MHE may terminate these Conditions for convenience at any time by giving you 30 days’ notice via email to your registered email address.

1. Termination for breach, suspension and other measures
   1. MHE may immediately, without notice terminate these Conditions if (i) you have materially breached these Conditions or any of MHE’s Policies, including but not limited to any breach of your warranties outlined in these Conditions or breach of the “User Conduct” provisions in these Conditions, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the User Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) MHE believes in good faith that such action is reasonably necessary to protect the safety or property of other Users, MHE or third parties, for fraud prevention, risk assessment, security or investigation purposes.

1. In addition MHE may deactivate or delay Listings, reviews, or other User Content, cancel any pending or confirmed Bookings, limit your use of or access to your User Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your User Account, or temporarily or permanently suspend your User Account if (i) you have breached these Conditions or our Policies, including material and non-material breaches and receiving poor ratings from Contractors or Clients, or (ii) MHE believes in good faith that such action is reasonably necessary to protect the safety or property of Users, MHE or third parties, for fraud prevention, risk assessment, security or investigation purposes.

1. If we take any of the measures described in this we may, at MHE’s absolute discretion (i) communicate to your Clients or Contractors that a pending or confirmed Booking has been cancelled, (ii) refund your Clients in full for any and all confirmed Bookings, irrespective of pre-existing cancellation policies, (iii) support your Clients, on an exceptional basis, in finding potential alternative Services.  You will not be entitled to any compensation for confirmed Bookings that were cancelled.

1. In case of non-material breaches and where appropriate, you will be given notice of any measure by MHE and an opportunity to resolve the issue to MHE’s reasonable satisfaction.

1. Consequences
   1. If you or we terminate these Conditions, we do not have an obligation to delete or return to you any of your User Content, including but not limited to any reviews or Feedback. When these Conditions have been terminated, you are not entitled to a restoration of your User Account or any of your User Content. If your access to or use of the Site has been limited or your User Account has been suspended or these Conditions have been terminated by us, you may not register a new User Account or attempt to access and use the Site through other User Accounts.

1. Survival
   1. If you or we terminate these Conditions, the clauses of these Conditions that reasonably should survive termination will remain in effect.

• LIMITATION OF LIABILITY

1. MHE is not a party to any CAC Agreement between a Client and Contractor and will not be liable to either party unless the loss of damage incurred arises due to MHE’s negligence.

1. MHE will not be liable to any User for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of services provided by MHE (whether suffered or incurred as a result of MHE’s negligence or otherwise) except in the case of fraud, concealment or theft by MHE.

• INDEMNIFICATION

1. You agree to release, defend, indemnify, and hold MHE and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Conditions; (b) your User Content; (c) your (i) interaction with any User, (ii) Booking of any Services, or (iii) creation of a Listing;  and (d) the use, condition or Booking of any Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of any Services.

• ASSIGNMENT

1. You may not assign or transfer these Conditions, by operation of law or otherwise, without MHE’s prior written consent.  Any attempt by you to assign or transfer these Conditions, without such consent, will be null and of no effect.  MHE may assign or transfer these Conditions, at its sole discretion, without restriction.  Subject to the foregoing, these Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

• NOTICES

1. Any notices or other communications permitted or required hereunder, including those regarding modifications to these Conditions, will be in writing and given by MHE (i) via a Communication (in each case to the e-mail address or phone number that you provide) or (ii) by posting to the Site.  For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.

• GOVERNING LAW AND JURISDICTION

1. These Conditions will be governed by and construed in accordance with Jersey law, and any disputes relating to Conditions will be subject to the non-exclusive jurisdiction of the courts of Jersey.